Patna High Court
Gago DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under Section 482(2) of the BNSS.
Summary
The petitioners, four women residing in Samhuta village, sought anticipatory bail after being implicated in a FIR (Dhanosi PS Case No.131 of 2025) for multiple offences under the Bihar Negotiable Statutes, 2023, following a violent incident where an informant and police personnel were assaulted. They argued that they were merely present near the scene and had no specific involvement, contrasting their situation with co‑accused who had already been granted anticipatory bail in Cr. Misc. No.78359 of 2025. The State opposed bail, contending that the petitioners actively participated, causing serious injuries to police and a pregnant woman. The Court examined the omnibus nature of the accusations and the principle of parity with similarly situated accused. It granted anticipatory bail to the petitioners, subject to a Rs.5,000 bond, two sureties, and the condition that one bailor be a close family member, under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite being named in an FIR for multiple serious offences.
- Whether the principle of parity with other co‑accused who obtained anticipatory bail warrants granting bail to the petitioners.
Subjects
- anticipatory bail
- criminal procedure
- section 482
- parity principle
- women accused
- police assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83628 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- DHANSOI District- Buxar
======================================================
1. Gago Devi Wife of Ramashish Choudhary Resident Of Village- Samhuta
Tarkuliva Dera Ps- Dhansoi District- Buxar
2. Gulzara Devi Wife of Dasbrath Choudhary Resident Of Village- Samhuta
Tarkuliva Dera Ps- Dhansoi District- Buxar
3. Kavita Devi Wife of Loha Choudhary @ Ajit Choudhary Resident Of
Village- Samhuta Tarkuliva Dera Ps- Dhansoi District- Buxar
4. Champa Devi Wife of Shivmuni Choudhary @ Muni Choudhary Resident
Of Village- Samhuta Tarkuliva Dera Ps- Dhansoi District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Adv.
For the Opposite Party/s : Ms. Shaheen Begum, APP
For the Victim : Ms. Riya Kashyap, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard learned Advocate for the petitioners, learned
Advocate for the State as well as learned Advocate for the
victim.
2. The petitioners apprehend their arrest in connection
with Dhanosi P.S. Case No.131 of 2025 registered for the
offences punishable under Sections 191(2), 190, 126(2), 115(2),
109, 121(2), 132, 324(4), 352 and 351(2) of the BNS, 2023.
3. On the fateful day, while the informant, who was
posted as Circle Officer, Rajpur Block, Buxar, went to provide
administrative assistance to one Shri Chandrakant Rai in
Patna High Court CR. MISC. No.83628 of 2025(2) dt.06-01-2026
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farming under his legal right, in the meanwhile, various co-
accused persons named in the FIR as well as 100 unknown
people assembled there and started abusing and assaulting the
informant and other police personnel. In the said incident, one
pregnant lady was also assaulted, due to which she sustained
injuries, besides some injuries to other police personnel. The
local chowkidar identified the petitioners and others who
participated in the crime.
4. Learned Advocate for the petitioners, referring to
the FIR, contended that the petitioners have nothing to do with
the land of Shri Chandrakant Rai. However, only on account of
the fact that they were assembled near the place of occurrence,
their names have been implicated in this case without there
being any specific accusation. Moreover, the persons, who are
facing identical accusation have been allowed the privilege of
anticipatory bail by a co-ordinate Bench of this Court in Cr.
Misc. No.78359 of 2025 vide order dated 03.12.2025. The
petitioners are women having fair antecedent except petitioner
no.3, who is facing one criminal antecedent as has been
disclosed in para-3 of the bail application, undertake that they
will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
Patna High Court CR. MISC. No.83628 of 2025(2) dt.06-01-2026
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vehemently opposed the bail application and submitted that
because of the active participation of the petitioners, the police
personnel and one lady have suffered serious injuries, and they
have also caused obstruction in discharging official duty.
6. Having considered the submissions set forth by the
learned Advocate for the respective parties and taking note of
the omnibus nature of accusation, coupled with the fact that the
case of the petitioners is based on parity with those who have
been accorded the privilege of anticipatory bail, let the above
named petitioners, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
5,000/- (Five thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Buxar in connection with Dhanosi P.S. Case No.131
of 2025, subject to the condition as laid down under Section
482(2) of the BNSS, with further condition that one of the
bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J)
rohit/-
U T
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